FCPA + Global Anti-Corruption

A thriving FCPA practice with a strong bench of attorneys, former federal prosecutors and regulatory experts.
Chambers

Morrison & Foerster has extensive experience in a broad range of issues involving the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws around the world. MoFo’s FCPA and Global Anti-Corruption practice brings deep insight into this complex area of the law. We believe in a practical and risk-based approach, one that is tailored to the company and the issue, so our clients can focus compliance and investigative resources where they are most needed. Our clients routinely seek our guidance in:

  • Undertaking internal investigations
  • Developing and testing compliance programs
  • Mitigating risk in business partner relationships
  • Performing transactional due diligence
  • Conducting risk assessments
  • Defending against enforcement actions in the United States, Germany, China, Japan, Singapore, the UK, and other major jurisdictions

We leverage our global network of resources and experience in the United States, Latin America, Europe/EMEA, and the Asia-Pacific region to ensure seamless geographic coverage for our clients. Our team includes former prosecutors and senior government regulators; White House and FBI counsel; national security, economic sanctions, and privacy specialists; veteran defense lawyers; and local experts on the ground in our offices across the globe. We are the only law firm in the world with two former managers, and three former prosecutors in total, from the U.S. Department of Justice (DOJ), Criminal Division, Fraud Section’s FCPA Unit on our team, including: the former deputy chief of the FCPA Unit, who was in charge of all of the DOJ’s FCPA investigations and resolutions in the United States and was one of the principal authors of the widely acclaimed publication A Resource Guide to the U.S. Foreign Corrupt Practices Act; a former assistant chief of the FCPA Unit, who was promoted to senior deputy chief, the Fraud Section’s third-ranking official; and a former DOJ Honors Program attorney responsible for a number of significant FCPA prosecutions, including the first public declination of a company board on its compliance program. We tailor our resources to address client needs effectively and efficiently, whether that client is a large, publicly traded multinational corporation, a privately held company, new start-up, or an individual business executive or board member.

Internal Investigations and Government Enforcement Actions

We have extensive experience in conducting corruption-related internal investigations for companies—private and public, large and small—around the world. When issues arise for our clients, we are well positioned to help. Our assistance ranges from working with our clients’ internal teams to handle small investigations to executing major cross-border internal investigations. If clients face government investigations or criminal charges, we have the experience and credibility to help them navigate government scrutiny and contest charges in a courtroom when necessary.

Anti-Corruption Transactional and Third-Party Due Diligence

Whether our clients are entering a new market, engaging a new consultant or distributor, or acquiring a new business, we help them conduct appropriate due diligence to assess and mitigate corruption risks.

Knowing how much due diligence is enough requires real-world experience, considered judgment, and insightful analysis. We have the experience and first-hand knowledge to help our clients design an appropriate due diligence approach for each transaction or third party and to benchmark that approach against industry practices. Critically, our lawyer also know how to assess whether the level of diligence conducted will meet the expectations of regulators and enforcement agencies.

Anti-Corruption Risk Assessment and Compliance Programs

As businesses evolve, their risks evolve. Staying ahead of those risks is critical. This is why regulators and enforcement agencies in the U.S. and around the globe repeatedly underscore the importance of thoughtful and regularly updated risk assessments as an essential component of any compliance program.

We believe, and experience shows, that understanding risks and putting the right compliance programs in place can prevent most anti-corruption problems. Being aware of current and developing risks enables companies to make informed and practical decisions about the policies and procedures they need to have in place and the resources required to implement these effectively.

Assessing evolving risks also makes it possible to take the appropriate approach to effective compliance training, such as targeting the audience, content, frequency, and delivery system. Having a risk-based and appropriately tailored compliance program not only decreases the likelihood that problems will arise but also places companies in the best possible position to detect and remediate issues that do surface. In addition to protecting a company’s reputation, this approach demonstrates to regulators and enforcement agencies that a company takes compliance with the law seriously.

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